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By Jana Winter<\/p>\n
April 20 (Reuters) – FBI Director Kash Patel filed a defamation lawsuit against the Atlantic and its reporter Sarah Fitzpatrick following the publication of an article on Friday alleging the director had a drinking problem that could pose a threat to national security.<\/p>\n
The \u200cmagazine’s story, initially titled \u201cKash Patel’s Erratic Behavior Could Cost Him His Job,” cited more than two dozen anonymous sources expressing concern about Patel\u2019s \u201cconspicuous \u200cinebriation and unexplained absences\u201d that \u201calarmed officials at the FBI and the Department of Justice.\u201d<\/p>\n
The article, which the Atlantic subsequently titled \u201cThe FBI Director Is MIA\u201d in its online version, reported that during Patel\u2019s tenure, \u200bthe FBI had to reschedule early meetings \u201cas a result of his alcohol-fueled nights\u201d and that Patel \u201cis often away or unreachable, delaying time-sensitive decisions needed to advance investigations.\u201d<\/p>\n
In the Atlantic’s story, the White House, the Department of Justice and Patel denied the allegations. The article included a statement from the FBI attributed to Patel, \u201cPrint it, all false, I\u2019ll see you in court\u2014bring your checkbook.\u201d<\/p>\n
\u201cThe Atlantic’s story is a lie,\u201d Patel said in an interview with Reuters. \u201cThey were given the truth before they published, and they \u200cchose to print falsehoods anyway.\u201d<\/p>\n
“We stand by our reporting \u2060on Kash Patel, and we will vigorously defend the Atlantic and our journalists against this meritless lawsuit,” the Atlantic said in a statement.<\/p>\n
Reuters could not independently establish the accuracy of the article or why the publication changed the title.<\/p>\n
Patel’s complaint says \u2060that while the Atlantic is free to criticize the leadership of the FBI, \u201cthey crossed the legal line\u201d by publishing an article “replete with false and obviously fabricated allegations designed to destroy Director Patel\u2019s reputation and drive him from office.\u201d<\/p>\n
The lawsuit, filed in U.S. District Court for the District of Columbia, seeks $250 million in damages.<\/p>\n
The lawsuit alleges the Atlantic ignored the FBI\u2019s denials and did not \u200brespond \u200bto a Friday letter from Patel\u2019s lawyer Jesse Binnall to senior editors and the Atlantic\u2019s legal department asking for \u200bmore time to refute the 19 allegations the reporter told the \u200cFBI\u2019s press office she would be publishing.<\/p>\n
The letter, which Reuters has seen, was sent shortly before 4 p.m. on Friday and the Atlantic published the story at 6:20 p.m., according to the complaint. Reuters could not establish how or if the Atlantic responded to Binnall’s request.<\/p>\n
The lawsuit alleges the publication acted with \u201cactual malice,\u201d a legal standard that requires public figures such as Patel to show the publisher knowingly printed false information or recklessly ignored doubts about its accuracy.<\/p>\n
\u201cDefendants’ conscious decision to ignore the detailed, specific, and substantive refutations in the Pre-Publication Letter, and their refusal to give a reasonable amount of time for the FBI and Director Patel to \u200crespond, is among the strongest possible evidence of actual malice,\u201d the lawsuit says.<\/p>\n
Binnall is a \u200bprominent Republican attorney who has represented U.S. President Donald Trump in numerous civil cases including one \u200bbrought by U.S. Capitol Police officers over his role in the \u200bJanuary 6 riots. He represented Trump’s eldest son, Donald Trump Jr., former national security adviser Mike Flynn, and ran Trump’s challenge \u200cto Nevada’s 2020 election results.<\/p>\n
The lawsuit is the latest instance of \u200ba Trump administration figure suing a media \u200boutlet. A judge dismissed Trump\u2019s lawsuit against CNN for describing election denialism as \u201cthe big lie.” Judges also dismissed Trump’s lawsuits against the New York Times and the Wall Street Journal. Trump has refiled his lawsuit against the New York Times and may refile against the Wall Street Journal.<\/p>\n
He \u200bhas also secured some settlements. ABC News agreed to settle \u200ca case for $15 million plus $1 million in legal fees. Paramount Global agreed to pay $16 million to settle a dispute over what the Trump \u200badministration called \u201cdeceptive editing\u201d of a CBS News interview with his opponent in the 2024 election, Kamala Harris.<\/p>\n
(Reporting by Jana Winter in Washington; Additional reporting by Jonathan \u200bStempel in New York; Editing by Michael Learmonth, Lisa Shumaker and Alistair Bell)<\/p>\n<\/div>\n